MTR SPIOTTA v. LIBERTY MUT


120 Misc.2d 641 (1983)

In the Matter of Michele B. Spiotta, Petitioner, v. Liberty Mutual Insurance Company et al., Respondents.

Supreme Court, Erie County.

August 15, 1983


Attorney(s) appearing for the Case

William J. Worthington for petitioner. Williams, Williams, Volgenau & Burke (Joseph G. Krenitsky of counsel), for respondents.


JOSEPH J. SEDITA, J.

The matter before us appears to be a case of the first impression. A review of case law and commentaries has revealed no clear determination of the issue raised herein.

The facts of this case are relatively simple. Petitioner was injured in the course of her employment with United Parcel Service. Petitioner was examined by Dr. Alex Strasser who was the physician for her employer and its insurance carrier. Petitioner has filed...

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